IMPLICATIONS OF ALLOWING PLEA BARGAINING AGREEMENT ON

VIOLAITIONS AGAINST RA 9165

 CHAPTER IV

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

This chapter consists of the discussion of answers to the questions previously

raised in the statement of the problem. It refers to the quarterly operational report of

the Batangas City Prosecutor’s office collated from the seven Regional Trial Courts

pertaining to city cases.

What are the implications of allowing convicts to enter plea bargaining

agreement to the judicial system of the country?

Chart 1. Drug Cases Filed in 2018-2020

CASE FILED 2018-2020

1400
1207
1200

1000

800

600 547
460 495
432
356 371 387 373
400 329

200

0
1st Qtr 2nd Qtr 3rd Qtr 4th Qtr

2018 2019 2020

Chart 1 shows that in 2018 has the highest number of drug cases which has a

total of 2249 cases filed as compared to year 2019, 1636 cases and third quarter of

2020 has 1072 cases.

 In an article in Philippine News Agency, a total of 152,741 drug cases have

been filed in various courts since President Rodrigo Duterte assumed the presidency

and launched a relentless war against illegal drugs.

For the first quarter of 2018, the National Prosecution Service had already filed

13,176 drug-related information in courts.There were already 9,030 drug cases resolved

by the courts for the first quarter of 2018.Out of 9,030 cases, 5,693 resulted in

conviction while 1,060 cases were dismissed and 1,713 drug accused acquitted. Most

of the accused acquitted herein is due to the breach of links in the chain of custody.
 Chart 2. Number of Convictions

Number of Convictions 2018-2020

250
208 207
192
200
170 164
152
142 141
135
150

100
60

50

0
1st quarter 2nd Quarter 3rd Quarter 4th Quarter

2018 2019 2020

In the above chart, 2018 has the total of 497 convicted cases of dangerous

drugs, 720 cases in 2019 and 354 cases were convicted up to third quarter of 2020.
 Significantly, Chart 2 showed 2018 had the greatest number of convicted cases

with 860 compared to 2019 and 2020 with a total of 720 and 354 cases respectively.

Most of the convictions obtained is because the accused plead to a lesser offense. The

Supreme Court (SC) ordered on April 10, 2018 the adoption of a framework for plea

bargain deals in drug cases, which was previously prohibited by the Dangerous Drugs

Act or Republic Act 9165.  Those caught with possession of small quantities of shabu,

marijuana et al will be allowed to plead guilty to a lesser offense of possession of

paraphernalia under Sec 12 of Art II of RA9165.

Table 2. Comparison of total convictions to total number of case filed

2018 2019 2020

No. of Case Filed 2249 1636 1072
No. Convictions 497 720 354
Percentage 22% 44% 33%

As shown in Table 2. The total percentage of conviction in 2018 is 22 percent, in

2019 is 44 percent and in third quarter of 2020 is 33%.

 Chart 3. Number of Convicts who entered plea bargaining Agreement

2500

2000

1500
Cases Filed
Convictions
Plea Bargain
1000

500

0
2018 2019 2020

Chart 3 shows the comparison between the number of cases filed, the number of

convictions, and number of convicts who entered plea bargaining from year 2018 up to

present.

CHAPTER V

FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS

 This chapter presents the summary findings, conclusions, and recommendations

formulated on the basis of research findings.

SUMMARY FINDINGS

Plea bargaining is the primary apparatus through which judges, prosecutors, and

defense attorneys cooperate and work together toward their individual and collective

goals. The primary benefit of plea bargaining for both the prosecution and the defense

is that there is no risk of complete loss at trial. In cases in which evidence for or against

a defendant is questionable, bargains may represent a feasible way for the attorneys to

minimize their potential losses by settling on a mutually acceptable outcome. Plea

bargaining can also be a way for the courts to preserve scarce resources for the cases

that need them most.1 Judges also benefit from plea bargaining. The practice allows

judges to preside over efficient trials, to minimize the risk of rulings being overturned

on appeal, and to avoid the necessity of making rulings during trial. 2 The most

problematic aspect of plea bargaining occurs when a defendant is actually innocent of

the crime but feels pressured to take the safer path and avoid the risk of a trial. 3

Since large percentage of cases in many jurisdictions go to a plea bargain

instead of a trial, there is an argument made that this concept leads to lackluster

investigation practices. Attorneys and law enforcement officials may not spend time to

prepare a case because they have an expectation that it will plead out. Instead of trying

to secure justice, the goal is to make a deal, and it could be argued that expecting a
1
https://www.britannica.com/topic/plea-bargaining/Benefits-of-plea-bargaining
2

3
https://criminal.findlaw.com/criminal-procedure/plea-bargain-pros-and-cons.html
deal really isn’t justice. In many circumstances, a plea bargain provides a lighter

sentence for someone, even if they may be guilty. Some may argue that a guilty plea

and a guaranteed sentence is not the same as being found guilty and having an

accurate sentence imposed.4

Findings

1. Under A.M. No. 18-03-16-SC ,plea bargaining in drugs cases is allowed and

probation may be availed of only in the following instances:

a. When the accused is charged with possession of dangerous drugs under

Section 11 of RA 9165 and the quantity of “shabu” is less than 5 grams or in
case of marijuana, it is less than 300 grams.
b. When the accused is charged under Section 5 of RA 9165 with the sale of
“shabu” and the quantity found in his/her possession is less than 1 gram; or if
marijuana only, it is less than 10 grams.
c. When the accused is charged under Section 13 (Possession of Dangerous
Drugs During Parties, Social Gatherings or Meetings) in relation to Section 11
of RA 9165 and the quantity of the dangerous drug in his/her possession is
less than 5 grams; or in case it is marijuana, the quantity is less than 300
grams.
d. When the accused is an employee or a visitor of a drug den, dive or resort
provided that he/she is charged solely under Section 7 of RA 9165, and there
is no other person charged for maintaining the said drug den, dive, or resort.
e. Plea Bargaining is also allowed when an accused is charged with possession
of “shabu” weighing 5 to 9.99 grams; or of marijuana weighing 300 to 499
grams. However, probation of the accused will not be allowed in such
instances.

2. The following implications of plea bargaining on drug cases were established:

4
https://vittana.org/11-advantages-and-disadvantages-of-plea-bargaining
 a. It did not devoid the deterrent effect of RA 9165 to offenders or accused

evidenced by decreasing number of cases filed from 2018-2020.

b. Plea bargaining creates a certainty for conviction of the accused therefore

serving the purpose of the prosecution in proving the guilt of the accused.

c. Plea bargaining it speeds up the processes of the justice system by

hastening the process of trials.

3. In the case of Estipona vs Lobrigo 5 (G.R. No. 226679), the petitioner argued that

Section 23 of RA 9165 is unconstitutional in the ground that it violated the

principle of separation of powers among the three equal branches of the

government. The Supreme Court held that the power to promulgate rules of

pleading, practice and procedure is now their exclusive domain and no longer

shared with the Executive and Legislative departments. The court deemed it

proper to declare as invalid the prohibition against plea bargaining on drug cases

until and unless it is made part of the rules of procedure through an

administrative circular duly issued for the purpose. Last September 28, 2017, the

Supreme Court allowed plea bargaining in cases of violation of the drugs law.

The Court declared Section 23 of Republic Act 9165, which prohibits plea

bargaining for all drug offenses, to be unconstitutional for being contrary to the

rule making authority of the Supreme Court in Article VIII, Section 5(5) of the

Constitution.

5
https://www.chanrobles.com/cralaw/2017augustdecisions.php?id=613
Recommendations

1. Plea Bargain shall not be granted to recidivist and habitual delinquents. This is to

not devoid the deterrent effect of RA 9165.

2. Like probation, there should also be a Post Sentence Investigation (PSI), to

determine whether an accused shall be allowed to enter a plea bargaining

agreement. It should be based on circumstances surrounding the accused.

3. Those who were allowed to enter a plea bargaining agreement, like parole and

probation, shall be imposed conditions which when not followed shall be

disallowed to enter a plea bargain agreement in the occasion of reoffending.